Californian says 60 corporations responsible for mesothelioma

Kelly Holleran Sep. 23, 2008, 3:59am

A California woman has filed an asbestos suit on behalf of her recently deceased husband against 60 defendant corporations, claiming the mesothelioma with which he was diagnosed was wrongfully caused.

Virginia Schmidt claims Oswald Schmidt was diagnosed with the disease Dec. 12, according to a lawsuit filed Sept. 19 in Madison County Circuit Court.

Virginia says her husband worked from 1949 until 1989 as a welder at various locations throughout Illinois and Kansas, according to the lawsuit.

Virginia states Oswald's exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.

She claims his disease was caused after he was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers.

Virginia alleges the asbestos-related disease caused Oswald to incur substantial medical costs. Oswald also experienced great physical pain and mental anguish as a result of the disease, Virginia claims in the lawsuit.

Mesothelioma hindered and prevented Oswald from pursuing his normal course of employment, according to the suit.

As a result, he lost large sums of money, Virginia claims.

Because of Oswald's death, his family has been deprived of his support and has lost his society, the suit states.

His family spent substantial amounts on funeral and burial costs, according to the complaint.

In the 11-count lawsuit, Virginia seeks sums in excess of $350,000 and compensatory damages in excess of $200,000.

She also seeks punitive damages in an amount sufficient to punish the defendants for heir misconduct and to deter similarly situated parties from committing like acts of misconduct in the future.

She is represented by Stephanie A. Lyons of SimmonsCooper in East Alton.

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